Hubane and Hubane (Child support)

This matter concerned an application by the father, Mr. Hubane, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute centred on whether the costs associated with the child's special needs significantly affected the cost of maintaining the child, thereby providing a ground for departure from the usual child support assessment. The application was heard by Registrar Ellis SM.

The primary legal issue before the Court was to determine whether the specific circumstances of the child's special needs met the threshold for a departure from the standard child support assessment. This required an assessment of whether the costs incurred by the father in maintaining the child due to these special needs were so significant as to warrant an adjustment to the assessed child support amount.

Registrar Ellis SM considered the evidence presented regarding the child's special needs and the associated expenses. The Registrar applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, focusing on the requirement that the costs must "significantly affect the cost of maintaining the child." After reviewing the evidence, the Registrar found that the threshold for departure had been met.

Consequently, the Registrar set aside the original decision and substituted it with a new decision to depart from the assessment. The specific orders regarding the revised child support amount were not detailed in the provided text.